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(영문) 서울중앙지방법원 2021.02.18 2020노622
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the 300,000 won suspended sentence) on the summary of the grounds of appeal is deemed to be too unfilled and unfair.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of the discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of all the reasons for sentencing specified in the records of the instant case, the lower court was too unfluent and so, exceeded the reasonable scope of the discretion, thereby exceeding

shall not be deemed to exist.

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.

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